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  1. #21
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,107

    Default Re: Contacting Employer

    You have not answered my question. I know what the NLRB says. I know it better than you do. But if you're just going to mess around with quotes that most likely do not apply, I'm out of here.

    So. Last chance.

    WHAT. PROTECTED. ACTIVITY. WERE. YOU. USING. THE. ELECTRONIC SYSTEM. FOR.

  2. #22

    Default Re: Contacting Employer

    https://www.bipc.com/national-labor-...vate-employers

    III. Social Media and Electronic Communication Policies
    In September, the NLRB issued two decisions relating to employers’ electronic communications policies and the actions taken in response to employees’ internet activity. First, the Board ruled that portions of Costco Wholesale Corporation’s Electronic Communications and Technology Policy violated the NLRA. Costco Wholesale Corp., 2012 NLRB Lexis 534 (Sept. 7, 2012). The policy at issue stated, “[e]mployees should be aware that statements posted electronically […] that damage the Company, defame any individual or damage any person’s reputation, or violate the policies outlined in the [Employee Agreement], may be subject to discipline, up to an including termination of employment.” Id. at *4-*5. The Board reasoned that this violated the NLRA because employees could interpret the communications policy as prohibiting protected union activities.

    .....

    With the prevalence of electronic messaging and social media in companies today, non-union employers should reevaluate their communications policies to ensure that they are not violating the NLRA with an overbroad policy. Even where no union is present, employers can commit unfair labor practices by maintaining electronic communications policies that could inhibit potential union activity.

  3. #23
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,107

    Default Re: Contacting Employer

    Okay, obviously you're not interested in any help. I'm simply going to tell you - you have no case. Contact the NLRB all you want; it's not going to get you your job back.

  4. #24
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    238

    Default Re: Contacting Employer

    Totally agree with cbg, you are putting too much legal emphasis on a 2014 article, you have no current legal case
    law on it, and are you also aware of any statute of limitations on filing a written complaint/charge.

    It will not even be a gutter level priority for the NLRB to bother with, the area of law you are counting on is very unsettled, very.

  5. #25
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Contacting Employer

    Quote Quoting DogDays5400
    View Post
    Yes I realized as I re-read it The highest goal is to get salary with benefits repayment for a period of time and my job reinstatement. I expect there will be less than that obtained. This is what I want to accomplish. I have no ill-will towards the company.
    you were terminate when?

    you are dealinng with two different situations

    1. Your termination
    2. Your continued and unwelcome contact seeking new employment at the former employer.

    Regarding #2: you have no right to contact the company. They told you to stop contacting them. They have deemed it to be harassing and told you to stop. Either comply with their demand or risk the consequences


    re #1:

    if you want to file a complaint with the NLRB, go for it. The nlrb contacting the former employer is not a violation of the cease and desist unless the action is frivolous and viewed as an attempt to harass the former employer.

    The problem I see is you have stated no claim your termination was illegal. In fact based upon your continued attempts to apply for employment, it would appear you have no isssues with the employer.


    So now you keep tossing the nlrb issue around yet you keep applying for work. If you believe you have a valid complaint and are seeking redress through an nlrb action, including reinstatement, why would you continue to apply for employment? Your actions and your statements are incongruous.

  6. #26

    Default Re: Contacting Employer

    Response to - you were terminate when?

    My termination is outside of the limitation period. My thinking is I can use one of these items below to get the limitation period extended.

    1) Phjillip Miscimarra former NLRB Chairman about his paper, "When is the 10(b) Limitation Period not the 10 (b) Limitation Period". (link here). Per my understanding of the conversation with Mr Miscimarra, the 6 month period is extended when "a party knows to file under 10 (b) period that some issue could be charged." Based on my reading, this statement is backed up with a Supreme Court ruling in Merck and Co v. Reynolds in the underlined and highlighted section of the Excerpt below. Given this ruling, can it be extrapolated that I ( in the diligent plaintiff role) did not know that there is a violation in the company's documented reason for my termination in light of the NRLB stance on social media and the use of electronic media.

    I can easily argue I am a diligent plaintiff if that point comes into question.



    2) Fail to Post NLRB Poster

    https://www.chicagobusinesslitigatio...ates_equita_1/

    This paper states that the, Plaintiffs argued that they should receive unpaid wages for the entirety of their employment under the doctrine of equitable tolling due to the fact that Defendants failed to post a notice explaining the FLSA in plain view of employees.



    I personally do not recall seeing this posting during my employment at the company, as part of the on-board package or the on-board training. During the short time I was employed at this location. The building is very very large. Most employees spend their time in a small field of the building’s square footage. For me my area of frequency was the entrance (west front off of 151st street), up the stairs, the front hall (to the left), the first hall ( on the right), my office and the rest room area ( on the next hall to the west). The break room near my office I tended to use the kitchen, and one front table near the entrance. I did not venture into the back of the room. This is where I spent 95% of my time while at the company.

  7. #27
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Contacting Employer

    So you’re going to ignore answering any questions but instead post irrelevent mumbo jumbo. As long as they had the info posted as the law requires, they’re safe. If you didn’t see it doesn’t mean it wasn’t properly posted. You need more than guesses and speculation to be able to determine if the info was properly posted.


    the nlrb will take your complaint because that’s what they do. They take your complaint and THEN evaluate it. Until it is submitted in a formal fashion (writing), all they have is some person complaining. They don’t act on verbal complaints.

  8. #28
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: Contacting Employer

    Quote Quoting DogDays5400
    View Post
    Response to - you were terminate when?

    My termination is outside of the limitation period. My thinking is I can use one of these items below to get the limitation period extended.

    1) Phjillip Miscimarra former NLRB Chairman about his paper, "When is the 10(b) Limitation Period not the 10 (b) Limitation Period". (link here). Per my understanding of the conversation with Mr Miscimarra, the 6 month period is extended when "a party knows to file under 10 (b) period that some issue could be charged." Based on my reading, this statement is backed up with a Supreme Court ruling in Merck and Co v. Reynolds in the underlined and highlighted section of the Excerpt below. Given this ruling, can it be extrapolated that I ( in the diligent plaintiff role) did not know that there is a violation in the company's documented reason for my termination in light of the NRLB stance on social media and the use of electronic media.

    I can easily argue I am a diligent plaintiff if that point comes into question.



    2) Fail to Post NLRB Poster

    https://www.chicagobusinesslitigatio...ates_equita_1/

    This paper states that the, Plaintiffs argued that they should receive unpaid wages for the entirety of their employment under the doctrine of equitable tolling due to the fact that Defendants failed to post a notice explaining the FLSA in plain view of employees.



    I personally do not recall seeing this posting during my employment at the company, as part of the on-board package or the on-board training. During the short time I was employed at this location. The building is very very large. Most employees spend their time in a small field of the building’s square footage. For me my area of frequency was the entrance (west front off of 151st street), up the stairs, the front hall (to the left), the first hall ( on the right), my office and the rest room area ( on the next hall to the west). The break room near my office I tended to use the kitchen, and one front table near the entrance. I did not venture into the back of the room. This is where I spent 95% of my time while at the company.
    Then feel free to file a claim under the requirement to post. Once you do all communications you have will be with there lawyer.

  9. #29

    Default Re: Contacting Employer

    My response to #1

    I am not filing the complaint to harass the company. I full seek to get my position back and I am trying all avenues to get this result. NLRB is one of the avenues I am seeking to use.

  10. #30
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: Contacting Employer

    You've been told many times now that this is not an NLRB issue.

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